NY Nurse January Western

New York

nurse Western NY Edition | January 2018

the official publication of the new york state nurses association

Big win for ECMC RNs!, p. 11 Nurses from Erie County Medical Center awarded over $135,000 in back pay

african american history month, pp. 7-10

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New York Nurse january 2018

When do we jump?

“If a frog is put suddenly into boiling water, it will jump out, but if the frog is put in tepid water, which is then brought to a boil slowly, it will not perceive the danger and will be cooked to death.”

By Judy SheridanGonzalez, RN, NYSNA President

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his parable has been used to describe abusive relationships, slippery slopes and subtle negative changes that are imposed upon us carefully, gradually, so that we don’t notice that we are being exploited.

This is the face of nursing today.

Every day new responsibilities are being forced upon us, slowly: additional tasks, documentation, new (unhelpful) technology and unrealistic policy changes that are impossible to comply with.

Today’s out-patient units look like ERs, med-surg units look like ICUs, ICUs look like futuristic survival incubators, ORs look like MASH units, and ERs look like post-apocalyptic refugee centers.

used to get “everything done,” and “left on time?” Really?

IT documentation systems are deskilling machines — robbing us of our professional autonomy and creativity while resulting in increased vision problems, carpal tunnel syndrome and backaches. But these systems ensure that patients get charged for every gauze pad and IV insertion. What is the definition of a non-nursing function? We are doing virtual billing!

So when do we say “Enough!”

Do we jump up, out of health care’s murky waters before it’s too late?

attempt to surreptitiously erode contract provisions whenever they can.

So what are we doing? Tens of thousands of nurses’ contracts are expiring this year, and we are leveraging our collective power to win superior agreements. NYSNA passed historic bylaws that will create a leadership body of more than 600 members! Nurses are organizing, not only to preserve what we have, but to make serious improvements. We won a landslide victory at Putnam Hospital in the Hudson Valley, as those nurses recognized that they, too, needed a voice.

I am so proud of our nurse volunteers who’ve taken their own time and resources to help the victims of extreme weather, not only in the US, but all over the world.

From folks in our hospital units and neighborhoods to those across oceans, nurses continue to step up

Baring the brunt

Advocating for patients. Advancing the profession.SM Board of Directors President Judy Sheridan-Gonzalez, RN, MSN, FNP First Vice President Marva Wade, RN Second Vice President Anthony Ciampa, RN Secretary Anne Bové, RN, MSN, BC, CCRN, ANP Treasurer Patricia Kane, RN Directors at Large Kevin Donovan, RN Jacqueline B. Gilbert, RN Nancy Hagans, RN Tracey Kavanagh, RN, BSN Lilia V. Marquez, RN Sean Petty, RN, CPEN Nella Pineda-Marcon, RN, BC Karine M. Raymond, RN, MSN Verginia Stewart, RN Mary Ellen Warden, RN Regional Directors Southeastern Yasmine Beausejour, RN Southern Seth B. Dressekie, RN, MSN, NP Central Ethel Mathis, RN Lower Hudson/NJ Jayne Cammisa, RN, BSN Western Sarah Annabelle Chmura, RN Eastern Martha Wilcox, RN Executive Editor Jill Furillo, RN, BSN, PHN Executive Director Editorial offices located at: 131 W 33rd St., New York, NY 10001 Phone: 212-785-0157 x 159 Email: communications@nysna.org Website: www.nysna.org Subscription rate: $33 per year ISSN (Print) 1934-7588/ISSN (Online) 1934-7596 ©2018, All rights reserved

We’re expected to be excellent nurses, model parents, caregivers to extended families and neighbors — but where are the meaningful provisions put in place by employers to accommodate these roles?

Nurses are singled out for the slightest oversight, facing harsher discipline than ever. Even with FMLA and paid family leave, we’re harassed if we’re ill, if our families require our presence or if we require time off to deal with a crisis.

We face more violence on the job — even fatal events — with minimal support and prophylaxis from our bosses. Nurses bear the brunt of the animosity expressed by frustrated, angry and depressed patients and families, even though we have no say in the policies that create the problems. Cuts in healthcare and taxes will make this scenario even more unbearable.

On-the-job educational programs and resources have been reduced, even as acuity rises, social problems abound, and care delivery is more highly specialized and complex than in the past.

Health system “leaders” are business bureaucrats, not clinicians. If our bosses ever practiced nursing, it was a long, long time ago. How often do we hear managers say they

Or do we get swallowed up by a system that cares little about communities and less about us?

The challenges are huge. We must be vigilant and super-organized to deal with the Supreme Court’s expected anti-union “Right to Work” ruling — a transparent attempt to cut the throat of union power; the impact of draconian cuts, even beyond our worst nightmares; and a continuous use by corporate politicians of jingoistic and divisive phraseology and concepts, both subtle and open, indirect and direct, meant to distract us from the very real crises our generation and future generations will face.

Winning with NYSNA

Unionized nurses — who remain in the union — have choices. Over the past few years, NYSNA has won positive changes in the quality of life for nurses and in the care we deliver. We have successfully fought to preserve safety nets for patients and benefits for our members.

But these victories can be partial and temporary, as employers

and step out, sharing our skills, and our love, with those who need it.

I am proud of the nurses who march for justice ...

Who organize safe staffing campaigns on their units ...

Who sit through tortuous negotiations so that their colleagues can enjoy a decent quality of life ...

Who argue our case with recalcitrant legislators ...

Who defend coworkers who need representation ...

Who help another nurse who needs a hand ...

Who make it to work, even when they are unhappy with their jobs ...

Who argue with their bosses who try to get away with blaming US for poor staffing due to a colleague’s sick call or leave of absence.

Don’t believe the hype! We do not control our hospitals’ budgets, and we bear NO RESPONSIBILITY for low staffing for any reason whatsoever.

The time to jump is now, before the water gets too hot. Or before we get left out in the cold …

nursing practice

NEW YORK NURSE January 2018

NYSNA stands behind continuing education

RNs

are required through the Code of Ethics for Nurses to participate in essential educational programs to maintain their competence in the specialty area in which they work and to advance their practice.

NYSNA provides many opportunities for members to do just that because the union understands that our professionalism is rooted in ongoing knowledge enhancement.

more confident in their day-to-day practice.

Available grants

There is more opportunity we are pleased to share. NYSNA has received grants for which members can apply in order to continue their education toward a BSN degree or master’s degree. We are also working on additional opportunities to make advancing your degree easier and more cost effective.

Nursing education in all aspects of the work that you do is vital to your practice, and NYSNA offers continuing educational courses on topics such as: l Charting with a Jury in Mind (three-part series) l Critical Thinking in the ICU– Best Practices l Cultural Competence: A Core Nursing Skill And more!

Free and low-cost classes

Towards this end, NYSNA offers free and low-cost classes for members, including free online New York State-mandated courses: Infection Control, Child Abuse, and, specifically for Nurse Practitioners, The New York State Mandatory Prescriber Education Guidance course.

Many nurses are looking to become certified in their specialty area which carries many benefits, such as being expert in your specialty area, and receiving a certification differential through the collective bargaining agreement that gives you increased pay and gives you opportunities in your facility to climb the clinical ladder (in some cases also increasing base pay). Across the board, nurses who become certified feel

We offer certification review courses in specialty areas, including: Ambulatory Nursing Cardiac Surgery Nursing Case Management CNOR Nursing Professional RN Correctional Health Critical Care Nursing Electronic Fetal Monitoring Emergency Nursing Gerontological Nursing

Infection Control Nursing Inpatient Obstetrics Nursing Medical/Surgical Nursing Neonatal Nursing Nephrology Nursing Neurology Nursing Neuroscience Nursing Oncology Nursing Operating Room Nursing

PACU Nursing Pain Management Nursing Pediatric Critical Care Nursing Pediatric Nursing Pediatric Oncology Nursing Peri-Operative Nursing Rehabilitation Nursing Stroke Nursing Wound Care Nursing

Across the board, nurses who become certified feel more confident in their day-today practice.

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New York Nurse january 2018

Protecting our children

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By Jill Furillo, RN, NYSNA Executive Director

CHIP ... means access to medical services ranging from well-child visits to dental care to screenings for hearing and vision.

urses understand in the most fundamental ways the fragility of our children’s health. From the common cold to life-threatening diseases, from immunizations to routine screenings, nurses are on the front lines helping to keep our children healthy and identifying when they are in harm’s way. Our firsthand experience tells us that our nation can ill afford to put our children’s health coverage at risk. But for months, some in Washington who were misinformed or who had the worst intentions did just that by threatening to terminate funding for the Children’s Health Insurance Program, known as CHIP. For families who earn too much to qualify for Medicaid but not enough for private health insurance, nothing is quite as essential to their children’s health as CHIP. Without CHIP, nearly 9 million children in the United States, from newborns to 19-year-olds, would stand to lose access to even routine doctor visits. Children with specialized healthcare needs are particularly vulnerable because CHIP covers many services that private insurers do not.

Kansas missed fewer school days due to sickness or injury, one study found. According to the Henry J. Kaiser Family Foundation, “There is evidence that improved health among children with Medicaid and CHIP translates into gains in school performance and educational attainment over the longer term, with potentially positive implications for both individual economic well-being and productivity in the overall economy.”

So how did federal money for this vital program come to be at risk, leaving millions of children in danger of losing their healthcare?

In 2017, Congress, which shares

for six years. Now and for the foreseeable future, the children across the country who depend on this critical program will no longer be at risk. Still, the government shutdown is a reminder of just how fragile our institutions can be, even those that reflect our most deeply held values, like protecting our children.

responsibility for funding CHIP with the states, allowed its allocated share of the money to lapse for an unprecedented 114 days. Without funding from Washington, states were left scrambling to avoid freezing enrollment or shuttering their programs for good. The situation worsened on January 20, 2018, when forces in Congress that give CHIP little to no priority undercut any agreement on short-term spending. This triggered a government shutdown that further threatened federal dollars for CHIP. The Senate vote ended the shutdown but, had it continued, the federal government could not have guaranteed its share of funding for CHIP.

to America’s youth that is under attack. As this column goes to print, debate on this program continues with some vacillation.

A “free and open debate” and good-faith negotiations on DACA have been promised for the upcoming weeks. But with repeated attempts to destroy the Affordable Care Act and with DACA discussions having been at an impasse for years now, it’s hard not to be skeptical. We, as nurses, recognize that it is more important than ever to hold our leaders accountable for their promises to protect DACA. The children of our country depend on it.

Our children should never fall victim to political polarization. If anything, protecting the next generation should be the one thing that keeps our country united.

Hold leaders accountable

Case in point: the Deferred Action for Childhood Arrivals (DACA) program is not a part of the deal that Congress reached.

DACA permits children born in the U.S. to remain here and is yet another critical commitment

Access to care

The benefits of CHIP are incontestable.

Since CHIP’s passage 20 years ago, the rate of uninsured children has fallen from 14 percent to below 5 percent.

For those children enrolled in CHIP, this means access to medical services ranging from well-child visits to dental care to screenings for hearing and vision.

And there’s an added benefit for families transitioning off Medicaid.

CHIP keeps them from losing their modest income gains to the high cost of health insurance. “In almost every state, children in families with income up to 200 percent of the federal poverty level ($48,500 per year for a family of four) are covered,” according to the U.S. Department of Health and Human Services.

Because of CHIP, more children now have the opportunity to reach their potential. Children enrolled in CHIP for more than a year in

No longer at risk

The stakes could not have been higher. But for the time being, at least, CHIP has been reauthorized

Relief & recovery

NEW YORK NURSE January 2018

NYSNA mission to U.S. Virgin Islands

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YSNA’s New York Recovery Network made its way first on January 21, to St. Croix, one of the three U.S. Virgin Islands and a place still much in need of recovery after Hurricane Maria. Eight RN volunteers were joined by four additional medical professionals on this relief and recovery mission.

The team subsequently traveled to St. Thomas and St. John, the other two islands in the U.S. Virgin Islands.

The team saw considerable evidence of destruction, as electricity in limited parts of these islands continued to be lacking.

Medical need was considerable and the team treated over 200 patients. Some required special attention, such as for open wounds and hypertension. Serious and ongoing stress has manifested itself in mental health issues, which were treated by the NYSNA volunteers.

“This was very moving for all of us,” said Sylvia Springer-Fahie, RN, Mt. Sinai Hospital. “I grew up on St. Thomas and to see the devastation was shocking.

We lost a family member when Hurricane Maria hit the island, and we continue to mourn her loss.”

(L-R) RN Elisa Dunn, Dr. Zahra Nazami, RN Sylvia Springer, RN Collette Dobbins and RN Paulette McDonald

Collette Dobbins, RN, providing free healthcare to a USVI resident in the Williams Delight community of St. Croix.

Smith Bay, St. Thomas

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Relief & recovery

New York Nurse january 2018

NYSNA‘s 4th mission to Puerto Rico

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n its fourth wave of relief and recovery missions to Puerto Rico on January 21, NYSNA worked closely with others to carry out the ongoing and still-critical efforts needed on the devastated island. Working with Puerto Rico’s General Union of Workers (UGT-1199SEIU), the Transit Workers Union (TWU), Federación de Maestro de Puerto Rico (FMPR-Teachers Union), Sindicato Puertorriqueño de Trabajadores (SPT) and nursing students from the Puerto Rico school of nursing, NYSNA volunteers teamed up to coordinate and visit five sites per day.

“When I heard about this mission on the NYSNA Facebook page, and that they needed psychiatric mental health nurses to go to Puerto Rico, I decided to go right away,” said Bailey.

“The work done here today has opened doors by identifying medical and emotional issues our students have,” said Millie Garcia, an activity and social coordinator for the Intermediate School Manati. “Our social services keep getting worse and now we can do something about the issues that have been identified today, which were not known before.”

Extensive needs persist

Raquel Womble-Ortiz, RN, of Massachusetts (R) with a patient

NYSNA tried to provide at least one nurse practitioner or doctor per team. In addition to missing medicines and injuries still in need of attention, the mental health needs of the communities were great.

Psychological stress has been overwhelming for many, and the need for medical attention, medicine and ongoing care was very pronounced.

Steve Bailey, RN, Erie County Medical Center, was an important part of this mission’s team.

The NYSNA mission team in Ciales, Puerto Rico

Prep day, January 21

NYSNA mission volunteers preparing for departure at JFK Airport in New York City on January 21 (middle-right and bottom)

New York

nurse special edition | january 2018

the official publication of the new york state nurses association

African American History Month Philadelphia’s Mercy Hospital Nursing Staff, circa 1940s

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New York Nurse

politics tk

January 2018

T Percentage of the African American population below the poverty level* 25.4% Percentage of all Americans below the poverty level 14.7% Annual median income of black households* $36,544 Annual median income of all U.S. households $55,775 *2015

African American Histor he significance of African American History Month has many meanings for NYSNA. In one sense, we celebrate our very own NYSNA members of African American heritage and their extraordinary contributions to society, both in the delivery of quality healthcare and in our activities that support equal access to quality care and celebrate our cultural diversity. We also see the historic contributions of African American nurses in the making of this nation, a proud and accomplished history with stories of great heroism. These stories still do not have their deserved place in the recounting of our nation’s past and we recognize the importance of telling them as part of the history of nursing.

There is yet another dimension to the importance of African American History Month to NYSNA. It is rooted in our connection to and place in the labor movement in the U.S. We recognize with great pride how the organizations of working people fought for civil rights and social justice. Labor has a proud and just place in the annals of African American History.

A time to reflect

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ecent events in the U.S., notably in Charlottesville, Virginia, where white supremacists marched through a historic district with the intention of attacking African Americans and promoting symbols of slavery, are a shocking reminder of how a small, but bigoted and hateful seg-

Martin Luther King Jr. (second from right) at the Memphis strike

ment of society views race relations.

These actions serve to heighten the importance of our union using our moral authority — as a trusted voice on community health — during this African American History Month.

We can remind New Yorkers and the nation of the contributions of African American nurses and union members to our nation’s history of social progress and diversity.

Labor stood tall with African Americans in protests, then and now

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he displays of bigotry in 2017 triggered an outpouring of support for African Americans from a coalition of religious, community, public health and many other Americans, including virtually all of organized labor, NYSNA among them.

The list of support fills volumes, but one significant historic event should be brought forward in every discussion of African American History Month.

The Memphis sanitation strike of February 1968 in Memphis, Tennessee, served as a rallying cry against inequality in the workplace and the deadly conditions that can result. On February 1, two Memphis garbage collectors, Echol Cole and Robert Walker, were crushed to death by a malfunctioning truck. Their deaths were the culmination of a long pattern of neglect and abuse of black employees. On February 11, over 700 attended a union meeting and voted — unanimously — to strike. On the 13th, 1,300 African American men struck outside the Memphis Department of Public Works.

The sanitation workers, led by a dynamic organizer from their ranks, T.O. Jones, drew support from the American Federation of State, County and Municipal Employees (AFSCME), Local 1733, demanding union recognition, better safety standards and decent wages.

The workers were up against Mayor Henry Loeb, who was determined to fight the union and keep black workers on the job in appall-

How the Month was launched Carter G. Woodson, a Harvard-trained historian, was devoted to raising awareness of the contributions of African Americans to society. He founded the Association for the Study of Negro Life and History and conceived of and announced Negro History Week in 1925. It was first celebrated in February 1926 to coincide with the birthdays of Abraham Lincoln and Frederick Douglass. “The response was overwhelming,” according to the U.S. Department of Labor, “Black history clubs sprang up, teachers demanded materials to instruct their pupils and progressive whites, not simply white scholars and philanthropists, stepped forward to endorse the effort.”

Dr. Carter G. Woodson, Father of Black History

NEW YORK NURSE January 2018

ry Month ing conditions and low wages.

In fact, these sanitation workers earned wages so low that many were on welfare and hundreds relied on food stamps to feed their families (a practice, it should be noted, that had continued — until very recently — at America’s largest employer WalMart, as low wages there forced workers to turn to food stamps to survive).

Support for the Memphis sanitation workers grew. The NAACP passed a resolution in support.

Rev. Martin Luther King Jr. arrived on the scene on March 18, to address a crowd of 25,000 — the largest indoor gathering the civil rights movement had ever seen.

Addressing the crowd of labor and civil rights activists and members of the powerful black church, King praised the group’s unity. “You are demonstrating that we can stick together. You are demonstrating that we are all tied in a single garment of destiny, and that if one black person suffers, if one black person is down, we are all down.”

There was chaos surrounding this struggle, as a belligerent mayor and his police resisted a strike settlement.

It was emblematic: a bitter struggle in an American city with a long history of segregation, a police force culled from the Ku Klux Klan and unfair treatment of African Americans in all aspects of work and life had been met head-on by courageous black strikers, union support, religious and community activism and extraordinary leadership.

That is the labor legacy of African American History all union members remember this month.

Prominent African American nurses

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he Civil War was a training ground for African American nurses. Black women born into slavery who became nurses during this time included Sojourner Truth (1791-1883) and Harriet Tubman (1822-1913), both known as abolitionists and the latter for her historic role in the Underground Railroad. Both also took on roles as nurses for soldiers during the Civil War. Susie Baker King Taylor (1848-1912), liberated

Dr. King assassinated in Memphis

On April 3, Dr. King returned to Memphis. “We’ve got to give ourselves to this struggle to the end,” he told gatherers. “Nothing would be more tragic than to stop at this point in Memphis. We’ve got to see it through.”

“Like anybody,” he said, “I would like to live a long life — longevity has its place. But I am not concerned about that now.… I’ve seen the Promised Land. I may not get there with you. But I want you to know tonight that we, as a people, will get to the Promised Land.”

This heroic visionary was shot and killed in Memphis the next day, April 4.

On April 8, more than 40,000 people led by his widow and including movement and union leaders marched silently through the city. AFSCME pledged support until “we have justice.”

The union was recognized and a deal was reached on April 16.

Harriet Tubman

by Union troops in 1862, turned to nursing sick and wounded soldiers, as well. She went on to become president of the Woman’s Relief Corps, a veteran’s association carried through to civilian life.

She is remembered for this quote from her 1902 memoir: “It seems strange how our aversion to seeing suffering is overcome in war, how we are able to see the most sickening sights… with feelings only of sympathy and pity.”

Pioneering African American nurses

Mary Elizabeth Mahoney (18451926) was the first black women to work as a professionally trained nurse in the U.S. She graduated from the nursing program of the New England Hospital for Women and Children in 1905. Mahoney was joined by Adah B. Thoms (1870-1943) and Martha Franklin, RN (1870-1968) in founding the National Association of Colored Graduate Nurses in 1908. Franklin was renowned as a crusader for the integration of black nurses. Thoms Continued on page 10

Sojourner Truth

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New York Nurse January 2018

African American history Continued from page 9

spent 18 years as assistant superintendent of nurses and acting director of Lincoln Hospital, but was denied the directorship due to her race. Still, the number of African American nurses doubled between 1910-1930.

In 1900, Jesse Sleet Scales became the nation’s first black public health nurse. From tuberculosis in New York City’s African American community to childbirth, chicken pox, heart disease and cancer, her crusading efforts expanded the breadth of public health for the black population.

Mary Elizabeth Mahoney

Hazel Johnson-Brown

African American nurses advance

Born in Barbados, Mabel Keaton Staupers (1890-1989) was a major force in battling tuberculosis, a scourge on the black community. She became executive secretary of the Harlem Tuberculosis Committee. During World War II, Staupers campaigned to improve the status of African American nurses, meeting with First Lady Eleanor Roosevelt. In 1945, President Franklin D. Roosevelt ended racial enlistment restrictions for Army nurses.

Brig. Gen. Hazel Johnson-Brown, RN, PhD (1928-2011), joined the Army Nurse Corps in 1955 and went on to oversee nursing operations at hundreds of Army medical centers, community hospitals and clinics. The daughter of a tomato grower, Brown was originally rejected for nursing school because of her race. It is said that school authorities informed her, “We’ve never had a black person in our program and we never will.” Brown was the first black woman to become a general in the U.S. Armed Forces.

Booker T. Washington established a two-year nursing program at Tuskegee University in Alabama in 1892. In 1948, the School of Nursing’s new dean, Lillian Holland Harvey, RN, EdD (1912-1950), started Tuskegee University’s baccalaureate nursing program. Its first graduating class took their degrees in 1953.

The fight for the reopening of Labor & Delivery care at North Central Bronx Hospital, which largely serves African American and immigrant patients, was spearheaded by NYSNA. It was a major win for the community in 2014 when the reopening was announced. NYC Public Advocate Letitia James (holding the stroller) was a strong voice in the campaign.

Enduring issues

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erena Williams, a worldrenowned tennis champion, endured life-threatening complications after giving birth. She developed pulmonary embolisms but had to advocate vigorously with her healthcare professional team — who initially dismissed her self-assessment — to get the right tests and the right medicine. Further complications ensued: a ruptured C-section wound from coughing due to the embolisms and a hematoma in her abdomen from the blood thinners.

She needed six weeks of bedrest even after she was discharged.

Tens of thousands of women face dangerous or life-threatening, pregnancy-related complications each year, but black women are three to four times as likely as white women to die from such complications.

Ending health disparities

Research is beginning to show that chronic stress from encountering discrimination affects the health of black women of all economic groups — even athletic stars like Ms. Williams. This can be compounded by poor access to pre- and postnatal care, inadequate medical treatment in the years preceding childbirth and the challenge of getting healthcare professionals to take their selfassessments seriously. There is much work to do to achieve equal access to quality care and reduce disparities in health outcomes.

“We have seen some remarkable improvements in death rates for

the black population in the past 17 years,” wrote Leandris Liburd, PhD, MPH, MA, associate director of CDC’s Office of Minority Health and Health Equity. “Important gaps are narrowing…. However, we still have a long way to go. Early interventions can lead to longer, healthier lives. In particular, diagnosing and treating the leading diseases that cause death at earlier stages is an important step for saving lives.” NYSNA nurses have made historic contributions to community health and will continue to do so into the future.

Unions join #MeToo

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frican American and other women are now turning to their unions to put a stop to sexual harassment on the job. They know that #MeToo is meant for all women, on every job and in every setting.

A prominent example of African American women, joined by Latina coworkers, was in Chicago where hotel workers represented by UNITE HERE banded together in a movement to stop sexual harassment.

They found that well over half of hotel workers reported harassment from guests; their #HandsOffPantsOn campaign demanded that management equip hotel maids with panic buttons and ban guests who sexually harass a worker.

The collaboration of unions in the civil rights and social justice movements of our day continues, with African American women at the forefront.

NEW YORK NURSE/WESTERN

Western

January 2018

ECMC RNs win back pay

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t took tracking down documents by the hundreds, countless hours meticulously setting out the case and dozens of meetings to take statements and unravel an alarming puzzle. But in the end, NYSNA RNs at Erie County Medical Center won a big back pay award and learned an invaluable lesson: working together with vigilance pays off.

What NYSNA uncovered was an undetected error going back two years. It involved a decrease in the monthly health insurance stipend for ECMC nurses. The difference each month was small, amounting to only $6.00 in some cases. But that added up to considerable dollars.

Reported to NYSNA

Here are the critical facts: The collective bargaining agreement signed by nurses and ECMC management stipulated that any nurse hired before 2009 and enrolled in the health insurance program was to receive a monthly stipend, a specific dollar amount paid out per pay period. But beginning in January, 2016, a miscalculation by ECMC led to 24 months of incorrect payouts and deactivated accounts.

A nurse reported the issue to NYSNA, having come upon the error, and the union began an investigation to understand the full scope of the wrong.

After intensive research, which entailed hundreds of nurse interviews and gathering extensive documentation, NYSNA ultimately discovered that a total of 368 nurses had been negatively affected.

In total, as it turned out, ECMC owed RNs more than $135,000 in back pay.

Key evidence

But resolution was not simple.

In the course of it, NYSNA filed a class action grievance and undertook those months of grueling work to prove its case.

In advance of a hearing with the ECMC administration, NYSNA made a request for information to fully discover the breadth of the contract violation. Along the way, a severely flawed document with 281 essential fields left blank and other errors was uncovered. This proved a key piece of evidence in the unraveling of ECMC’s side.

Ultimately, thanks to our team’s expertise and perseverance, ECMC management signed a settlement agreement. On December 1, 2017, ECMC made the first round of

payouts to a group of 21 nurses whose stipends, it was uncovered, had in fact been improperly deactivated for leaves of absence, in cases of maternity or disability.

These initial payouts ranged from $800 to $8,000 each.

The remaining 347 nurses received their respective payouts two weeks later.

Marie Zanghi, RN, was shocked — and pleased — to find that she was owed months of back pay on this matter. “I saw on our Facebook page that something had gone awry with our stipends,” she said. Working alongside her union representative to review past paystubs, she realized what had happened. “If it wasn’t for the information on the NYSNA Facebook page, the hard work of our union, and the NYSNA community, this could have gone on for years.”

Power of solidarity

By posting constant updates on Facebook and spreading the news by word of mouth, the nurses kept each other informed and engaged, proving, yet again, the power of solidarity.

And in the end, the hard work paid off. Vigilance has its rewards.

What NYSNA uncovered was an undetected error going back two years.

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NOTICE TO MEMBERS NYSNA’s agency fee objection policy, which will be published annually in the January edition of New York Nurse, works as follows: 1. To become an objector, a non-member who is represented by NYSNA shall provide notice of objection to NYSNA. Such objection must be in writing, signed by the non-member and mailed to the NYSNA Membership Department at 131 West 33rd Street, New York, NY 10001. The objection must be filed with NYSNA by registered mail, return receipt requested, postmarked in the thirty (30) days window period prior to the anniversary date of the objector’s execution of his/her union dues or agency fee deduction authorization (“checkoff”) card. A non-member employee who initially becomes a bargaining unit member after February in a particular year and who desires to be an objector must submit written signed notification to the NYSNA Membership Department by registered mail, return receipt requested, within thirty (30) days after the employee has become subject to union security obligations and been provided with notice of these procedures.

Non-member public sector employees may elect objector status in accordance with the above procedures and with applicable law.

2. Agency fees payable by non-member objectors will be based on NYSNA’s expenditures for those activities undertaken by NYSNA to advance the employment-related interests of the employees the Union represents. These “chargeable” expenditures include: preparation for and negotiation of collective bargaining agreements; contract administration including investigating and processing grievances; organizing within the same competitive market as bargaining unit members; meetings, including meetings of governing bodies, conferences, administrative, arbitral and court proceedings, and pertinent investigation and research in connection with work-related subjects and issues; handling work-related problems of employees; communications with community organizations, civic groups, government agencies, and the media regarding NYSNA’s position on work-related matters; maintaining membership; employee group programs; providing legal, economic, and technical expertise on behalf of employees in all work-related matters; education and training of members, officers and staff to better perform chargeable activities or otherwise related to chargeable activities; and overhead and administration related to or reflective of chargeable activities. Non-chargeable expenses are those of a political nature. The term “political” is defined as support for or against a candidate for political office of any level of government as well as support for or against certain positions that NYSNA may take,

which are not work-related. The following are examples of expenditures classified as arguably non-chargeable: lobbying, electoral or political activities outside of areas related to collective bargaining; litigation expenses to the extent related to non-chargeable activities; and member-only activities.

3. NYSNA shall retain an independent auditor who shall submit an annual report verifying the breakdown of chargeable and arguably non-chargeable expenditures and calculating the percentage of arguably non-chargeable to chargeable expenditures (the “fair share percentage”). The auditor’s report shall be completed promptly after the conclusion of the fiscal year. The report shall be provided to any non-member who submits an objection.

4. Non-members and new employees will be given the foregoing explanation of the basis of the reduced agency fees charged to them. That explanation will include a list of the major categories of expenditures deemed to be “chargeable” and those deemed to be arguably “non-chargeable.”

5. The fees paid by non-member objectors shall be handled as follows. (a) Newly-Hired Non-Members.

NYSNA will place or maintain in an interest bearing escrow an amount at least equal to the agency shop fees remitted by newly-hired non-member(s) (or by an employer on behalf of newly-hired non-member employee(s)). A newly hired non-member employee will be mailed a copy of this Policy. The non-member will have the later of the date he/she is subject to the obligations of the union security clause or thirty (30) days from the date of mailing to object or to join NYSNA. If the non-member employee joins NYSNA, then the full agency shop fee remitted on his/her behalf is credited from the escrow account to the Association’s general treasury. If the newly-hired employee does not join NYSNA and does not file an objection within the thirty-day objection period, then the escrowed amount will be credited to NYSNA’s general treasury. If the newlyhired non-member timely objects, an amount at least equal to the fair share percentage shall continue to be escrowed pending resolution of a challenge (if any) by the objector. Once the challenge is resolved, the amount of the non-chargeable balance plus interest will be returned to the non-member from the escrow. (b) Resignation. In the case of an employee who resigns NYSNA membership (or who continues in non-member status) and who timely objects, NYSNA will place or maintain in an interest-bearing escrow account

an amount at least equal to the fair share percentage of the agency fees received from the non-member or employer on behalf of the non-member and the non-member is permitted to challenge the fair share fee percentage during the thirty (30) day window period noted in Section 6 below and in the annual publication of the Association’s objection procedure. If the non-member files a timely challenge, amounts at least equal to agency fees collected from the non-member employee or employer will continue to be placed or maintained in the escrow account pending resolution of any challenge.

If the non-member does not file a challenge within the challenge period, then only the fair share fee amount will be credited to NYSNA’s general treasury and the balance paid to the non-member from the escrow plus interest.

6. A non-member objector may file a written challenge to the calculation of the fair share fee and percentage, challenging any of the items of the expenditures as chargeable. Such a challenge must be submitted within thirty (30) days of the date the non-member objector is provided an explanation of the basis of the reduced agency fees and initiation fees charged to them. Such a challenge must be in writing, signed by the non-member and sent by registered mail, return receipt requested, to the NYSNA Membership Department at 131 West 33rd Street, New York, NY 10001. If NYSNA does not agree with the challenge either as to the expenditures or as to the percentage of amount of dues to be paid, it will notify the timely objecting nonmember in writing that he/she has thirty (30) days thereafter to request arbitration; and if he/ she fails to do so within that time, then such non-member waives the right to arbitration. A request for arbitration must be in writing, sent by registered mail, return receipt requested, signed by the person filing the request, and sent to the NYSNA Executive Director, 131 West 33rd Street, New York, NY 10001.

7. If more than one challenging nonmember objector timely requests arbitration, NYSNA will consolidate all such challenges into one annual arbitration proceeding.

NYSNA will provide an impartial arbitration proceeding through the American Arbitration Association and will pay the administrative costs and the arbitrator’s fees. The challenger will be responsible for any fees associated with his or her representation at the hearing.

8. NYSNA will administer this policy in a manner that is consistent with the objectives of the policy and the applicable federal and state law to provide a fair and equitable procedure regarding nonmember employees. NYSNA reserves the right to change the policy set forth above.

NEW YORK NURSE January 2018

Healthcare organizations’ digital breaches on the rise

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n the healthcare field, digital records have been poached in large numbers in recent years, according to Modern Healthcare magazine. Brigid Sweeney reported in The frightening new frontier for hackers: Medical records that “By 2024, everyone in the U.S. will have had their healthcare data compromised if online theft keeps accelerating at the current pace.”

Last July, National Public Radio reported that the security of digital health data has failed to keep up with its growth. “Other industries, like financial services and the federal government,” reported NPR, “have devoted more than 12 percent of their IT budgets to cybersecurity. Healthcare averages just half that.”

St. Vincent Medical Group in Indiana recently fell victim to a

cyber attack against some of its employees. Also a cyber attack target was the University of Vermont Medical Center, which has seen a spike in cyber attack schemes directed at its employees. Recently, one of NYSNA’s staff was a victim of a cyber attack.

Cyber attacks pose risks

A recent study from Google and UC Berkeley examined the various ways accounts are compromised and determined that cyber attacks pose the most risk to users when it comes to lost access.

According to Modern Healthcare’s Sweeney and others, healthcare information is very vulnerable, as the extensive systems of patient data and related information have not been adequately safeguarded. “[T]he health care

industry is scrambling to play catch-up to secure patient and hospital data,” Sweeney wrote.

Health insurers Anthem and Premera Blue Cross were among healthcare businesses affected last year, as 90 million Americans’ information was compromised, according to the New York Times. The national medical lab Quest Diagnostics had information on 34,000 patients stolen, reported the Times.

Why healthcare data? Thieves can use this information to order medical equipment and drugs to resell or to fraudulently bill insurance companies, the Times said.

It’s not just in the U.S. Last year in Britain, health records of 26 million patients were illegally accessed from the country’s National Health Service.

Beck Notification If you are represented for collective bargaining by NYSNA, you have the right to be or stay a nonmember and pay an agency fee equivalent to dues. If you choose to be a nonmember, you are entitled to object to paying for activities unrelated to the association’s duties as a bargaining agent and to obtain a reduction in fees for such activities. If you submit a timely objection, the agency fee that you will be required to pay will include costs incurred by the union for expenditures related to collective bargaining, contract administration, grievances and arbitration, and other matters affecting wages, hours, and other conditions of employment.

In 2017, the most recent calendar year for which a calculation was done, the agency fee charged to timely non-member objectors represented 88.24% of the dues amount for that year.

If you choose to be a nonmember, please be aware that you will deny yourself the opportunity to exercise the full rights and benefits of union membership. Full membership rights include, among other things, the rights to: (1) vote on acceptance or rejection of proposed contracts covering your wages and working conditions, thereby ensuring your input on issues central to your working life; (2) participate in development of contract proposals; and (3) vote for your union officers.

A copy of NYSNA’s agency fee objection policy is published annually in the January edition of the New York Nurse. You can also request a copy from NYSNA’s Membership Department.

Taylor Law Notification Section 208.3 of the Taylor Law permits an employee organization to receive an agency shop fee if it “has established and maintained a procedure providing for the refund for any employee demanding the return of any part of an agency shop fee deduction which represents the employee’s pro rata share of expenditures by the organization in aid of activities or causes of a political or ideological nature only incidentally related to terms and conditions of employment.” As noted above for 2017, the most recent calendar year for which a calculation was done, the agency fee charged to timely non-member objectors represented 88.24% of the dues amount for that year. The procedure that NYSNA has adopted in compliance with the Taylor law is, as noted, published annually in the January edition of the New York Nurse. You can also request a copy from NYSNA’s Membership Department.

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Stewards Corner

New York Nurse january 2018

Remembering victory at Nathan Littauer Hospital

By Marion Enright, RN

T “

I can say without any reservation that it was only through our coordinated campaign with other hospitals and with the support of our communities that we were able to achieve victory.

Solidarity works!”

his month marks the second anniversary of our hard-won contract at Nathan Littauer Hospital (NLH). Victory came only on the heels of a long day’s strike and a tense four-day lockout, where we stood on the picket line in the bitter cold. We fought for a fair contract, and we fought for our patients and for the community we serve and in which many of us live. This season’s cold spell brought to mind those meaningful days of struggle.

Two years prior to our strike, in 2014, when NLH management had proposed significant takeaways from our PTO and retirement, we all jumped up impulsively, ready then to strike. But on further review, a strike seemed to be just what management wanted. We had never mounted a credible strike threat, and by reacting to management’s timeline, we were playing right into their hands. We decided to try something different and strategic.

Building solidarity

First, we recruited nurse leaders from every unit and from every shift at the hospital to help explain how management’s proposed cuts would affect patient care. This allowed us to assess how individual members felt about the goals of our struggle.

Next, we identified a unifying platform designed to build solidarity. That platform included safe staffing, quality affordable healthcare, retirement with dignity, wages that met area standards, and no takeaways. We knew that younger nurses weren’t necessarily thinking about retirement, but would care deeply about issues like good wages and safe staffing. Our platform created a strong sense of unity and provided all nurses in our bargaining unit with a reason to engage.

An unexpected advantage came in the form of nurses from other hospitals throughout the region.

They shared the concerns outlined in our platform at NLH, making it possible to build a regional coalition in support of our campaign.

Marion Enright, RN, left foreground, at lockout rally

Ellis Hospital in Schenectady and Bellevue Woman’s Center-Ellis Medicine in Niskayuna joined the fight. As a result, management lost more than the ability to pit one nursing unit against another — they lost the ability to pit one hospital against another too. Divide and conquer was no longer a viable management strategy.

When our coalition took strike votes, the hospitals were on notice and nervous. Ellis and Bellevue settled at the threat of a strike, but NLH did not back down, forcing us to take action.

January 6, 2016, was a very cold day. I was nervous that not all who signed strike pledges would make their way, but they did. They showed up to walk our picket line.

NYSNA was there for us, as it had been throughout.

Committed and unfazed

Other unions came out — 1199 and Fire Fighters were there in a fine show of solidarity. Some elected officials came to show their support.

It was an energizing, momentumbuilding turnout. The next day when management tested our muscle by imposing an illegal lockout, we were unfazed and kept right on marching in the biting cold.

We are a small, tight-knit community, and the lockout put people

off everywhere in town. Small businesses we had canvassed united with us.

Unity triumphed

Eventually, the National Labor Relations Board ruled that the lockout was illegal, and we received back pay for the hours lost. But we still did not have a contract. So we took our fight to central New York, to Samaritan Medical Center in Watertown and to St. Elizabeth Medical Center in Utica, where nurses were struggling with the same issues as those outlined in our platform. The unity that defined our struggle, the unity of NYSNA, with other unions, with our community and surrounding areas, only gained in strength.

Our nurses, along with nurses at St. Elizabeth’s and Samaritan, voted to strike collectively in a powerful display of solidarity. Our unity forced management at all three hospitals back to the negotiating tables.

And contracts were won!

At Nathan, we still have a lot to achieve in our next round of contract bargaining. However, I can say without any reservation that it was only through our coordinated campaign with other hospitals and with the support of our communities that we were able to achieve victory. Solidarity works!

NEW YORK NURSE January 2018

long island –

Lindenhurst schools RNs demand respect

westchester /hudson valley

A.O. Fox wins on staffing

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Around the state 9

new york city

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central region

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NYSNA leads the way on healthcare at the Women’s March

A fresh wave of activism and community

capital /north country

staten island

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Celebrating 50 years at Ellis

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SIUH nurses stand united

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NEW YORK NURSE january 2018

131 West 33rd Street, 4th Floor New York, NY 10001 5 Western

INSIDE

Protecting our children, p. 4

Relief & recovery in U.S. Virgin Islands and Puerto Rico, pp. 5-6

Non-Profit US Postage Paid NYSNA